Economic
and Political Teachings of the Qur’an by Abul Al’a Maududi, Editor,
Tarjamanul Qur’an, Lahore (Pakistan)

A

ECONOMIC
TEACHINGS

1.
The first economic principle emphasized by the Qur'an with repeated stress is
that all natural means of production, and resources which subscribe to man's
living, have been created by God. It is He who made them as they are and set
them to follow the laws of nature that make them useful for man. It is He who
allowed man to exploit them and placed them at his disposal. [1]

2.
On the basis of the aforesaid truth the Qur'an lays down the principle that an
individual has neither the right to be free in acquiring and exploiting these
resources according to his own sweet will, nor is he entitled to draw a line
independently to decide between the lawful and the unlawful. It is for God to
draw this line; for none else. The Qur'an condemns the Midians, an Arabian
tribe of old, because its people claimed to possess a right to acquire and
expend wealth in any way they liked
without restriction of any kind.
[2]

It
calls it a "lie" if a man describes a certain thing as lawful and
another unlawful on his own account. [3] The right to pronounce this rests with
God and (as God's deputy) His Prophet . [4]

3.
Under the, sovereign command of God and within the limits imposed by Him, the
Qur'an recognizes the right of holding private property as implied in several
verses. [5]

The
economic scheme presented in the Qur'an is based entirely on the idea of individual
ownership in every field. There is nothing in it to suggest that a distinction
is to be made between consumption goods and production goods (or means of
production) and that only the former may be held in private ownership, while
the latter must be nationalized. Nor is there anything in the Qur'an suggesting
or implying that the above‑mentioned scheme is of a temporary nature to
be replaced later by a permanent arrangement in which collectivization of all
means of production may be desired to be made the rule. Had that been the
ultimate object of the Qur'an, it would have certainly stated it unequivocally
and given us instructions with regard to that future permanent order. The mere
fact that it mentions in one place that "the earth belongs to God” [6] is
not enough to conclude that it either denies or forbids private owner­ship of
land and sanctions nationalization. Elsewhere it says, "Whatever is in the
heavens and the earth belongs to God,” [7] but nobody has ever concluded from
this verse that none of the things in the heavens or the earth can be held in
individual possession or that all these things should be State property. If, a
thing which belongs to God ceases to belong to human beings, certainly it
ceases to belong to individuals and States alike.

It
is equally erroneous to draw from verse xli, 10 the inference that the Qur'an
desires to distribute all the means of livelihood in the earth equally among
all men, and conclude that since this can be achieved only under
nationalization, the Qur'an advocates or favours the introduction of that
system. For the purpose of this interpretation the verse is wrongly rendered to
mean that "God has put in the earth its means of sustenance
proportionately in four days, alike for those who seek." [8] But even this
wrong translation does not serve the purpose. It would be incorrect to apply
the words "alike for those who seek" to human beings alone. All kinds
of animals, too, are among "those who seek," and there is little
doubt that their means of sustenance have also been placed by God in the earth.
If this verse, then, denotes an equal share to all who seek, there is no
justification for restricting this equality of share to members of the human
species alone.

Similarly,
it would be wrong to stretch those verses of the Qur'an which emphasize
providing for the weak or the have‑nots to extract from them the theory
of nationalization. It should be seen that wherever it stresses this need of
providing for the poor, it also prescribes the only way of meeting it, namely,
that the rich and the well‑to‑do of a society should spend their
wealth generously for the welfare of their poor kin, the orphans, and the needy
for the pleasure of God; in addition to this, the State should collect a fixed
portion of it and spend it for the same purpose. There is no hint in the Qur'an
of any other scheme proposed to be put in practice to meet this end.

No
doubt, there is nothing in the Qur'an to prevent a certain thing from being
taken over from individual control and placed under collective control, if
necessary; but to deny individual ownership altogether and adopt nationali­zation
as an economic system does not go with the Qur'anic approach to man's economic
problems.

4.
The fact that, as in other things, all men do not enjoy equality in suste­nance
and means of earning, is described in the Qur'an as a feature of God's
providence. Extravagant disparities devised by various social systems aside,
natural inequality, as it goes, is described as the outcome of His wise
apportionment, issuing from His own dispensation. The idea that this inequality
is to be levelled up and substituted by dead equality is alien to the Book of
God. [9]

The
Qur'an advises people not to covet that by which Allah has made some of you
excel others; men shall have the benefit of what they earn and women shall have
the benefit of what they earn, and ask Allah of His grace. [10]

It
is sometimes tried to conclude from verses xvi, 71 and xxx, 28 that the Qur'an
desires equality of provision for everybody. But both the words and the context
of these verses tell that they do not attempt to disparage inequality and urge
equality to take its place, but press this fact (of inequality among men) as an
argument against taking some of God's creatures as His partners. They argue
that when men are not prepared to share their wealth (given by God) with their
slaves as equal partners, what on earth leads them to think that God will share
His powers with His servants and have partners with Him from amongst His
creation? [11]

5.
The Qur'an also asserts with full and repeated emphasis that God has created
His bounties for men so that they use them for their benefit. It is not His
intent that men should have nothing to do with them and live a life of
renunciation. However, He desires that they should distinguish between things
pure and impure, lawful and unlawful. They should use and exploit only what is
pure and lawful, and there too should observe moderation. [12]

6.
To achieve this end the Qur'an ordains that wealth should be acquired by lawful
means only and that unlawful ways and means should be discarded altogether:
"O you who believe, take not your wealth among yourselves in wrongful
ways, but let there be trade among you by mutual agreement .. . ." [13]

These
"wrongful ways" have been detailed at length by the Holy Prophet and
the great jurists of Islam have elucidated them in books of law. Some of them,
however, have been described in the Qur'an as under:

(a)
"And do not eat one another's property among yourselves in wrongful ways,
nor seek by it to gain the nearness of the judges that you may sinfully consume
a portion of other men's goods and that knowingly." [14]

(b)
"If one of you deposits a thing on trust with another, let him who is
trusted (faithfully) deliver his trust, and let him fear God, his Lord."
[15]

(c)
"He who misappropriates (the public money) will come on the Day of
Judgment with what he has misappropriated; then shall everyone be given in full
what he earned." [16]

(e)
"Those who devour the property of orphans unjustly, devour fire in their
bellies, and will soon endure a blazing fire." [18]

(f)
"Woe to the defrauders who, when they take the measure from men, exact
full measure, but when they measure or weigh for them, give less than is due.”
[19]

(g)
"Those who love that indecent things should spread among the believers,
for them is a painful chastisement, in the life of this world and the
hereafter. [20]

(h)
"Force not your slave‑girls to prostitution that you may enjoy
(some) gain of the present life, if they desire to live in chastity."
[21] "And approach not
fornication, surely it is a shameful deed and an evil Way.” [22] "The
adulterer and the adulteress, flog each of them with a hundred stripes.” [23]

(i)
"O ye believers, wine and gambling and idols and divining arrows are an
abomination of Satan's handiwork; so avoid them that you may prosper."
[24]

(j)
"God has permitted trade and forbidden usury." [25] "O ye
believers, fear God and give up what remains (due to you) of usury if you are
believers (indeed). If you do not do so, take notice of war from God and His
Messenger. But if you repent you shall have your principal. Neither you wrong,
nor shall you be wronged. If the debtor is in straintened circumstances, give
him time till it is easy (for him to pay), and that you remit (the debt), by
way of charity, that is the best thing for you, if you only knew." [26]

Thus
we see that the Qur'an has prohibited the following ways of acquiring wealth:

(i)
Taking another's property without, his consent or remuneration or with consent
and with or without remuneration in such a way that the consent is forced or
obtained by guile.

(ii)
Bribes.

(iii)
Forcible acquisitions.

(iv)
Fraud, whether with private or public wealth.

(v)
Theft.

(vi)
Mis­appropriation of orphans' property.

(vii)
Taking or giving wrong measure

(viii)
Businesses which help to spread indecency.

(ix)
Prostitution and its earnings.

(x)
Manufacture, buying and selling, and carriage of wines.

(xi)
Gambling, including all such ways in which the transfer of wealth from one
person to another depends on mere chance.

(xii)
Manufacture, buying, and selling of idols, and service of temples where idols
are kept or worshipped.

7.
After prohibiting these wrong ways of acquiring wealth the Qur'an also strongly
condemns the amassing of wealth in a covetous and niggardly way. [27] Along
with this we are warned that love of wealth or a hankering after riches and
pride of fortune hae always been among the causes that have led men astray and
ultimately sent them to ruin. [28]

8.
On the other hand, the Qur'an condemns it in equally strong terms that one
should squander one's properly acquired wealth in wasteful pursuits, spend it
for one's own lust or luxury, and put it to no use save raising one's own
standard of living. [29]

9.
The proper course for man, according to the Qur'an, is to spend moderately on
his own needs and those of his family. He and his dependants have rights to his
wealth which must be granted without stint, but he cannot be allowed to
squander everything on himself and his family, for there are other obligations,
too, which must be recognized. [30]

10.
After he has satisfied his own needs with moderation, a man should spend what
is left over of his well‑earned wealth in the following ways:

"It
is not piety that you turn your faces towards east or west. Piety is that a man
should believe in God and the Last Day and the angels and the Book and the
Prophets, and give his wealth for the love of God to his kinsfolk and the orphans
and the needy and the traveller and to those who ask, and for setting the
slaves free." [32]

"You
will never attain piety until you spend what you love (of your wealth). And
whatever you spend, God knows it well." [33]

"Serve
God, and associate no partner with Him, and be kind to parents and kinsmen and
orphans and the needy, and the neighbour who is of kin, and the neighbour who
is a stranger, and the companion by your side, and the traveller, and the
slaves that your right hands own. Surely God does not love the proud and the
boastful.” [34]

"(Charity
is) for those poor people who are so restrained in the way of God that they
cannot travel in the land to earn their living. [35] The ignorant man regards
them as wealthy because of their self‑possession. You shall know them by
their mark, they do not beg of men importunately. What­ ever (wealth) you spend
(on them) God surely knows it." [36]

"They
(the righteous) feed the needy, the orphan, and the captive, for the love of
God, saying: `We feed you for the sake of God alone. We desire no reward from
you nor any thanks."' [37]

"(Excepted
from the fire of hell are) those in whose wealth there is a fixed portion for
the beggar and the destitute." [38]

The
Qur'an not only tells that this kind of spending is the essence of piety but
also warns that its absence in a society must mean its decay and ruination:

"Expend
in the way of God, and cast not yourself with your own hands into ruin.” [39]

11.
Besides this general and voluntary spending in the way of God the Qur'an
enjoins expending of wealth as expiation of omissions and sins. For instance,
if a man takes an oath and then forswears it, "the expiation for it is to
feed ten poor persons with the average of food which you serve to your own
folk, or to clothe them, or to give a slave his freedom; or if anyone does not
find (the wherewithal to do so) let him fast three days." [40]

Similarly,
if anyone makes his wife unlawful for him by declaring her to be his mother or
sister by zihar[41] and later seeks to retract and take her again, it
is ordained that "he should free a slave before the two touch each other,
and he who has not (the wherewithal for that) should fast for two months
consecutively . . . and he who is unable to do so let him feed sixty poor per­sons."
[42]

Like
expiations have also been ordained to make up for omissions in the performance
of piilgrimage [43] and proper observance of the month of fasting. [44]

12.
But all such expense will count as expense in God's way only if it is really free
from selfishness, guile, and display, and there is no attempt to hurt or lay
anyone under obligation. One must also make no attempt to sort out the worse of
one's goods to disburse in charity. One must give the choice of them, and bear
nothing in mind except the love and pleasure of God. [45]

13.
This expending of wealth which the Qur'an variously terms as "spending in
God's way" or charity or zakat, is not a mere act of piety, an
almsgiving; rather it is the third among the five pillars of Islam, viz., (1)
the witness of faith (iman), (2) prayer (salat), (3) charity (zakat),
(4) fasting (saum) and (5) pilgrimage (hajj). It has been mentioned constantly with prayer (salat)
some thirty‑seven times in the Qur'an and both of them have been
described with full emphasis as essentials of Islam, without which there can be
no sal­vation. [46]Zakat, it says, has been a pillar of true religion
preached by all the prophets of God. [47]

And
so this zakat is a pillar of Islam now in the religion of the last
Prophet of God. It is as essential for one who joins the fold of Islam as
bearing witness to the truth of faith (iman) or prayer (salat).
[48]

Zakat is not only for the good of
society; it is also necessary for the moral development and edification of the
giver himself. It is for his own purification and salvation. It is not only a
tax, but also an act of worship just like prayer. It is an essential part of
that programme which the Qur'an prescribes for the amelioration of man's soul.
[49]

14.
But the Qur'an was not content to infuse a general spirit of voluntary
benevolence and philanthropy among people. It instructed the Prophet as the
Head of the Islamic State to fix an obligatory minimum for it, and arrange for
its regular receipt and disbursement.

The
words "a charity" pointed out that a certain fixed measure determined
by the Prophet was to be enjoined on people, besides the usual charity they
practised of their own accord. Accordingly, the Prophet fixed a maximum allowable
limit in respect of different kinds of wealth, and the following rates were
fixed for the holdings that stood above that limit [51]

(4)
On livestock kept for breeding and trade‑the rates are different for
sheep, goats, cows, camels, etc.

(5)
On mines in private ownership and treasure‑troves - 20 % annually

The
Prophet of God imposed these rates of zakat as a duty on Muslims like
the five daily prayers. As duties, and in being incumbent, there is no
difference between the two. According to the Qur'an, it is one of the basic
objects of an Islamic State that it should institute prayer (salat) and
manage regular re­ceipt and distribution of zakat. [53]

It
should be noted that although, as seen above, the collection and disburse­ment
of zakat is a duty of an Islamic State, the believers will not be
absolved from paying it (privately), just as they are not absolved from prayer,
in case the Islamic State ceases to exist or is neglectful of its duty.

15.
To the funds collected under zakat the Qur'an adds another item‑a
part of the spoils of war. The rule prescribed by the Book is that the soldiers
fighting in a battle should not loot the spoils which fall into their hands
after a victory, but bring everything before the commander who should
distribute four‑fifth of the whole booty amongst soldiers who
participated in the engagement and hand over the remaining fifth to the State
for the following purposes:

"Know
that whatever booty you take, the fifth of it is for God and the Prophet and the kinsmen and the
orphans and the needy and the traveller.” [54]

16.
The income from these two sources, according to the Qur'an, is not a part of
the general exchequer maintained to furnish comforts and provide for essential
services for all including those who contribute to the zakat fund. On
the contrary, it is reserved for use on the following items:

Alms
are meant for the poor [55] and the needy [56] and those who work on them (i.
e., collect, disburse, and manage them) and those whose hearts are to be
reconciled, [57] for the ransoming of slaves [58] and those in debt, and the
cause of God [59] and the traveller [60]‑ a duty from God." [61]

17.
The Qur'anic rule with regard to the property which a person leaves behind him
after his or her death is that it should be distributed among his parents,
children, and wife (or husband, as the case may be) according to a specified
ratio. If he leaves neither parents nor children, his brothers and sisters
(real, step, or uterine) should divide it. Detailed instructions relating to
this may be seen in chapter iv of the Qur'an. [62] We omit to reproduce them
here to avoid prolixity.

The
guiding principle here is that property accumulated by a person during his life‑time
should not remain accumulated there after his death but scatter among his
kinsfolk. This is opposed to the principle underlying primogeniture, the joint
family, and other like systems which aim at keeping accumulated wealth
accumulated even after the death of its holder.

The
Qur'an also rejects the system of adopting children to make them heirs, and
lays down that inheritance should go to those who are actually related, not to
those fictitiously adopted as sons and daughters to pass on property. [63]

However,
after ensuring blood relations their rights, the Qur'an advises them to be
generous to the other relations who are not going to inherit but are present on
the occasion of the division of property. They also may be given something out
of kindness. [64]

18.
In prescribing the law of inheritance the Qur'an allows a person's right to
make a will before he dies in respect of the property he is leaving behind him.
[65]

This
ordinance instructs a man who is passing away to urge his offspring to be kind
to his parents‑the young being often inclined to neglect the proper care
of their aged grand‑parents; and to bequeath some of his property to
those of his kinsfolk who deserve help but are not entitled to inherit anything
under the law. Besides this if a person is leaving much wealth he may bequeath
a part of it for charitable purposes or works of social welfare, for the above­
quoted verse does not ask him to restrict his will to his parents and relatives
alone. [66]

It
is evident from these laws of inheritance that the rule in respect of the
heritage of private property is that two‑thirds of it must be divided
among legal heirs and the remaining one‑third left to the discretion of
the dying person to dispose it of as he wills, provided, however, the purpose
for which he means to bequeath it is just and lawful, and no one is robbed of
his right. [67]

19.
As for those people who cannot husband their property well on account of idiocy
or want of intelligence and are wasting it away or, it is genuinely feared, are
likely to do so, the instruction is that they may not be allowed to hold it in
their care. Such property should lie in the care of their guardians or
responsible judicial officers and may be restored to them only when there is
satisfaction that they are able to manage their affairs properly. [68] An
important point described in this verse about private possessions is that
although they are the property of their owners according to law, yet they do
not wholly be­long to them, because the interest of society is also involved in
them. That is why the Qur'an calls them "your property" instead of
"their property." That is also why, where unintelligent use of
private property is causing, or is likely to cause, harm to the collective
interest of society, it allows guardians or magis­trates to take it over in
their own hands, without, however, disturbing the owner's right of owning it or
benefiting by it. [69]

20.
The Qur'anic direction in respect of properties, wealth, and incomes that
belong to the State is that they should not be used for the welfare of rich
classes only but of all alike and particularly the poor whose interest deserves
more looking after than that of any other class.

"Whatever
God has bestowed on His Messenger, (taking it) from the people of these towns,
is for God and the Messenger [70] and the kinsfolk [71] and the orphans and the
needy and the traveller, in order that it may not circulate among the rich of
you (only) .... (It is also) for the poor emigrants who have been expelled from
their homes and possessions." [72]

21.
In the matter of levying taxes the Qur'an teaches the principle that their
incidence should lie on those who possess more than they need, and on that part
of their wealth which is surplus after all legitimate needs have been met.

"They
ask you what they should spend. Say: `What is spare after meeting your
needs." [73]

The
characteristic features and basic principles of the economic scheme drawn by
the Qur'an for man and described in the above twenty‑one para­graphs may
be summed up as follows

i.
It works a happy co‑ordination between economic and moral values. Instead
of being treated as distinctly separate things, the two are drawn to­gether
into a harmonious blend. The economic problem has been tackled not from the
purely "economic" point of view; it has been solved after being
appropriately placed in the overall scheme of life based on ethical concepts of
Islam. (paras 1, 2, 4, 5.)

ii.
All resources and means of living are regarded as God's magnanimous gift to
mankind; this implies that all kinds of monopolization, individual, collective,
or national, should be discouraged and all men should be provided with free
opportunities of earning on God's earth to the maximum limit possible. (para
5.)

iii.
It allows individual right of ownership but not to an unlimited extant. Besides
putting restrictions on it in the interest of other individuals and society as
a whole, it admits on a person's property the rights of his relatives,
neighbours, friends, the needy, the unfortunate, and, so to speak; of all
members of society. Some of these are made enforceable by law; as for others,
arrangement has been made to educate people morally and intellectually enabling
them to understand these rights and prepare themselves to honour them of their
own free‑will. (paras 3, 5, 7‑14, 16, 18, 19.)

iv.
The natural way for the economic system to operate according to this scheme is
that individuals should work it and try to improve it with free endeavour.
However, they are not left to do as they may without checks and restraints of
any kind. For their own cultural and economic welfare and for that of their
society this freedom has been curtailed within limits. (paras 6, 14, 21.)

v.
Man and woman are alike declared owners of the wealth they earn, in­herit, or
acquire by other lawful means, and allowed to derive benefit from their
possessions. (paras 3, 4, 17.)

vi.
To preserve economic balance people have been urged to give up miserlyness and
renunciation, and take to putting the gifts of God to good use. But at the same
time they have been strongly warned not to indulge in extrava­gance of any kind.
(paras 5, 7, 8.)

vii.
To secure economic justice it has been assured that unjust means are not
employed to force the flow of wealth in particular channels. Nor should wealth
acquired by just means remain stored at a place and fall out of circula­tion.
Arrangement is also made to ensure that wealth remains in constant use and
circulation, particularly for the benefit of those classes which are deprived
of their due and reasonable share for one reason or another. (paras 6‑8,
10, 11, 14, 16‑18, 20.)

viii.
The scheme does not depend much upon the interference of law or the State to
ensure economic justice. After declaring a few unavoidable things to be the
responsibility of the State for this purpose, it seeks to enforce the other
items in its plan through the intellectual and moral uplift of the individuals
comprising a society and its general amelioration. Economic justice is thus
secured in perfect concord with the principle of allowing the exercise of in­dividual
freedom in the economic field. (paras 5‑21.)

ix.
Instead of producing class conflict it puts an end to the causes of such
conflicts and produces a spirit of co‑operation and comradeship among the
different classes of society. (paras 4, 6‑10, 12, 14‑16, 20, 21.)

When
these principles were worked out and put into practice in govern­mental and
social spheres during the time of the Holy Prophet and his "Guided
Successors," many more injunctions and precedents came into exist­ence.
But our present study precludes that discussion. Books of history, bio­graphy,
traditions, and jurisprudence abound in such matters and may be consulted for
details.

POLITICAL
TEACHINGS

1.
The political philosophy of the Qur'an is essentially based on its fun­damental
concept of the universe which should be clearly kept in mind for its proper
appreciation and right appraisal. If we study this concept of the universe from
the political point of view, the following four points vividly come into
prominence

(a)
That God is the creator of the whole of this universe including man and all
those things which he exploits and harnesses into his service . [74]

(b)
That God Himself is the sole master, ruler, director, and administrator of His
creation. [75]

(c)
That sovereignty in this universe does not and cannot vest in anyone except
God. Nor has anyone else any right to share this sovereignty with Him. [76]

(d)
That all attributes and powers of sovereignty are solely His prerogatives. He
is living, self‑existent, self‑sufficient, eternal, omniscient,
omnipotent, and exalted above all flaw, defect, or weakness. His is the supreme
authority; everything submits to Him willingly or unwillingly; to Him belong
all powers. He can dictate whatever He likes and none has the power to
interfere in or review His commandments. No one can intercede with Him save by
His leave. Nobody has the power to harm those whom He intends to benefit and
none can protect whom He intends to harm. He is accountable to none; everyone
else is accountable to Him. He is the guardian of one and all. He can protect
against all, but none can give quarters against Him. His are the powers of
inflicting punishment or granting forgiveness. He is the supreme Lord over all
other rulers. He grants an opportunity to rule on His earth to whomsoever He
desires and withdraws this privilege whenever He so wills.

These
essential powers and attributes of a sovereign being vest solely in God. [77]

2.
On the basis of this concept of the universe the Qur'an asserts that the real
sovereign of mankind too is the same as the sovereign of the whole uni­verse.
His is the only rightful authority in human affairs just as in all other
affairs of creation. No one else, be he human or non‑human, has any right
to give orders or decide matters independently.

There
is, however, one vital difference.

In
the physical sphere of the universe the sovereignty of God is established by
itself regardless of whether one willingly submits to it or not. In that sector
of his life even man has no option to do otherwise. He too finds himself
totally regulated by the inexorable laws of nature like any other object from
the tiniest speck of an atom to the magnificent galaxies in space. But in the
volitional sphere of his life man has been allowed a certain amount of free‑will
and God has not coerced him to an unwilling submission. Herein He has chosen
only to invite and persuade mankind through His revealed Books (the last of
which is the Holy Qur'an) to surrender themselves before His Lordship and
acknow­ledge His sovereignty with deliberate willingness. The Qur'an has
discussed the different aspects of this subject at great length. For instance:

(a)
The Lord of the universe is indeed the Lord of man, and this position must be
fully recognized by him. [78]

(b)
God alone has the right to decide and order. Mankind should submit to none save
Him. This is the only right course. [79]

(c)
The right to rule belongs to God alone because He is the creator. [80]

(d)
The right to order and decide belongs to God because He is the ruler of the universe.
[81]

(e)
His rule is right and just, because He alone comprehends reality and none else
is in a position to give unerring guidance. [82]

3.
On these grounds the Qur'an lays down that an unadulterated obedience is the
due of God alone; that it is His Law that should rule supreme; and that to obey
others or to follow one's own wishes against the Law of God, is not the right
way. [83]

The
Qur'an also asserts that no one has the right to transgress the limits that
have been laid down by God for the regulation of human affairs. [84]

It
also points out that all orders and decisions in contravention of the Law of
God are not only wrong and unlawful but also unjust and blasphemous. It
condemns all such orders as anti‑Islamic and the attempt to abide by them
as negation of faith. [85]

4.
Then the Qur'an says that prophets are the only source of our knowing the Law
of God. They alone are the bearers of revelation and are in a position to
convey to mankind the commandments and directions of their Lord. They again are
the persons divinely authorized to explain those commandments by their word and
deed. Thus, the prophets are embodiments of the legal sovereignty of God. That
is why obedience to them has been considered to be obedience to God Himself and
faith in them has been made a necessary condition for demarcating belief from
disbelief. [86]

5.
According to the Qur'an, the commandments of God and the Prophet of Islam
constitute the Supreme Law and the Muslims as such cannot adopt any attitude
other than that of complete submission to it. A Muslim is not allowed to follow
his own independent decisions in matters which have been finally and
unequivocally decided by God and His Apostle. To do that is a negation of
faith. [87]

6.
The right form of government for mankind according to the Qur'an is one in
which the State relinquishes its claim to sovereignty in favour of God and,
after recognizing the legal supremacy of God and His Apostle, accepts the
position of Caliphate (vicegerency) under the suzerainty of the Rightful Ruler.
In this capacity all the legislative, executive, and judicial powers of the
State will necessarily be circumscribed by the limits which have been described
in paras 3, 4, and 5 above. [88]

7.
The conception of Caliphate as it has been put forth by the Qur'an, can be
summed up in the following terms

(a)
All the powers that man possesses in this world are in fact not his own, but
have been endowed to him by God Almighty. The Lord Himself has assign­ed to man
the position in which he may exercise these delegated powers within the limits
prescribed by Him. Man is thus not an independent master but a vicegerent of
the real Sovereign. [89]

(b)
Every nation that acquires the power and authority to rule over any part of the
world is in reality a vicegerent of God in its domain. [90]

(c)
This vicegerency, however, cannot be right and lawful unless it is subservient
to the commandments of the real Sovereign. Any State independent of Him and not
subservient to His commands is not a vicegerency. It is really a revolt against
the Lord. [91]

8.
The powers of a true Caliphate do not vest in any individual nor in any clan,
class or community, but in those who believe and do good. The text of xxiv, 55
that "God has promised to those of you who believe and do good that He
will most certainly make them His vicegerents on the earth..." is quite
clear on this point. According to this verse, every good Muslim is fit to hold
the position of a Caliph. It is this aspect of Islamic Caliphate that distin­guishes
it from a kingship, an oligarchy, and a theocracy. It is different even from
modern democracy. There is a basic difference between the two. The edifice of
democracy is raised on the principle of popular sovereignty; while in Islamic
Caliphate the people themselves surrender their independence to the sovereignty
of God and of their own accord limit their powers within the four corners of
the divine Law and the promise of vicegerency has been held out to them only if
they are morally good.

9.
The government of a State established with a view to running an Islamic
Caliphate cannot claim an absolute or unlimited obedience from the people. They
are bound to obey it only so far as it exercises its powers in accordance with
the divine Law revealed in nature and the Sacred Book. There can be neither
obedience nor co‑operation in sin and aggression. [92]

10.
In all affairs of the State, right from its constitution to the election of its
Head and members of its parliament, and the matters of legislation and administration,
the Muslims should make it a rule to take counsel among them­selves. [93]

11.
The following qualifications must be kept in view in choosing the people
responsible to run the State:

(a)
They must have faith in the principles according to which they have to manage
the affairs of the Caliphate. Evidently, an ideological system can­not work in
the hands of those who do not subscribe to its principles. [94]

(b)
They should not be unjust, licentious, forgetful of God, or transgressors of
divine limits. They should be, on the other hand, honest, trustworthy, God­fearing,
and virtuous. [95]

(c)
They should not be unwise and ignorant. They must be rather educated, wise,
intelligent, and both bodily and intellectually fit to pilot the State. [96]

(d)
They should be men of integrity so that they may be safely entrusted with
public responsibilities. [97]

12.
The constitution of such a State shall be based on the following princi­ples:

(a)
"O ye who believe! obey Allah, and obey the Apostle and those of you vho
are in authority; and if you have a dispute concerning any matter, refer it to
Allah and the Apostle if ye are (in truth) believers in Allah and the Last Day.
That is better and more seemly in the end." [98]

This
verse elucidates five constitutional points:

(i)
That obedience to God and His Apostle must be given priority to every other
obedience.

(ii)
That obedience to those who are in authority is subject to the obedience to God
and His Apostle.

(iii)
That the Head of the State must be from amongst the believers.

(iv)
That it is possible for the people to differ with the government and its
rulers.

(v)
That in case of dispute the final authority to decide between them is the Law
of God and His Apostle.

(b)
The Qur'an does not give us any hard and fast rules about the method of
election and consultation. It lays down only broad‑based principles and
leaves the problem of their practical implementation to be decided in
accordance with the exigencies of time and the requirements of society.

(c)
In those matters about which clear injunctions have been given or definite
principles laid down or limits prescribed by God and His Apostle, the
legislature has only the right to interpret them, or to frame bye‑laws
and rules of procedure to bring them into practice. As for those matters about
which the Supreme Law is silent, the legislature is allowed to legislate for
all pur­poses and needs of the society keeping in view the spirit and the
general principles of Islam. The very fact that no clear injunction exists
about them in the Qur'an and Sunnah is sufficient to show that the Lawgiver has
Him­self left it to the good sense of the believers.

(d)
The judiciary must be free from every pressure and influence to adjudicate
impartially without being carried away by the public or the people in
authority. Its foremost duty is to give verdict strictly in accordance with the
law and requirements of justice without being swayed either by the passions or
preju­dices of its own members or those of others. [99]

13.
This State comes into being for two main purposes. First, that justice and
equity should be established in human affairs, [100] and, secondly, that, the
powers and resources of the State should be harnessed for the welfare of the
people, i. e., for promotion, for them, of all that is good and eradication of
all that is evil. [101]

14.
All citizens of the State, whether Muslims or non‑Muslims, must be
guaranteed the following fundamental rights, and it is the bounden duty of the
State to safeguard them against all types of encroachment:

(i)
Protection against wrongfully hurting one's religious susceptibilities. [110]
The Qur'an has clearly laid down in this connection that in matters of
religious differences an academic discussion can be held, but it must be conducted
in a fair and decent manner. [111]

(j)
Limiting the responsibility of every person only to his or her own deeds.
[112]

(k)
Security from action being taken against anyone on false reports about his or
her crime. [113]

(l)
The right of the destitute and the needy to be provided with basic necessities
of life by the State. [114]

(m)
Equal treatment of all its subjects by the State without discrimination. [115].

(b)
That they must be law‑abiding and should not disturb the public order and
tranquillity. [117]

(c)
They must give unstinted support to the State in its rightful activities.
[118]

(d)
They must be prepared to sacrifice their life and property for the defence of
the State. [119]

16.
The Qur'an gives the following important directions about the foreign policy of
the Islamic State:

(a)
Sanctity of treaties and pledges. [120] (b) Honesty and integrity in all
transactions. [121] (c) International justice. [122] (d) Respect for the rights
of neutrals in war. [123] (e) Love of peace. [124] (f) Non‑participation
in the efforts directed to self‑aggrandizement and oppression in the
world. [125] (g) Friendly treatment to all non‑hostile powers. [126] (h)
Fair deal with all those who are good and honest in their dealings. [127] (i)
Retaliation in proportion to the high‑handedness of others and no more.
[128]

The
salient features of the State envisaged in these sixteen points laid down by
the Holy Qur'an are as follows:

(i)
This State is brought into existence by a conscious resolve on the part of a
politically free nation to renounce all claims to sovereignty in favour of God
Almighty, to surrender its autonomy accepting the position of vicegerency under
Him, and to work according to precepts and directions given by the Book of God
and the Sunnah of His Apostle.

(ii)
It is theocratic in so far as it is based on the doctrine of sovereignty of God
but, in actual and practical realization of this doctrine, it is vitally
different from theocracy. Instead of delegating the vicegerency of God to a
particular order of priests and vesting them with the full powers to rule, it
vests the believers whose deeds are good with the right of Caliphate.

(iii)
It is democratic in the sense that the formation of government, change in its
administrative set‑up, and its working wholly depend upon the general
will. But the rights of the people in this system are not so unlimited that
they may change the law of the State, its ideology, its internal and external
policy, and its resources according to their own sweet will. On the other hand,
the Supreme Law of God and His Apostle with its legal and moral code provides a
permanent and inviolable check which always keeps the life of the community on
the right keel and on a broad pattern which can be changed neither by the
executive, nor by the legislature, nor by the judiciary, nor even by the whole
nation unless it decides to renounce the religion of God and break its pledge
with Him.

(iv)
It is an ideological State which must be run only by those who accept its basic
ideology and principles wholeheartedly. As for those who do not subscribe to
its ideology but live within its territorial bounds, the State guarantees them
the same civil rights as are enjoyed by the other inhabitants provided they
pledge to behave as law‑abiding citizens.

(v)
It is a State which makes no discrimination whatsoever on grounds of race or
colour and is not bound by any linguistic or geographical barriers. It is a
purely ideological State. All peoples, no matter to whatever race, nation, or
country they belong, can accept this ideology and become equal partners in all
the affairs of the State. Such an ideological State bids fair to become a world
State. But even if more than one such States are established in different parts
of the world, all of them will be equally Islamic. And instead of there being
any nationalistic conflicts among them, they will extend fraternal support and
co‑operation to one another. Not only that, there is every possibility of
their joining together in a world confederation of their own.

(vi)
The real spirit of this State lies in subordinating politics to morality and
conducting affairs conscientiously and God‑fearingly. Honour and eminence
must come through moral excellence alone. Paramount importance should be given
to character besides ability in selecting men of authority. Honesty, fairness,
and justice are to prevail in every sphere of domestic administration. And the
whole foreign policy is to devolve upon truth, faithfulness, love of peace,
fair dealing, and international justice.

(vii)
Policing is not the only function of this State. It does not come into
existence merely to maintain law and order and to defend its territory against
external attacks. It is a State with a purpose and a mission. It must
positively strive for the achievement of social justice, promotion of good, and
eradication of evil.

(viii)
Equality of rights, status and opportunities, supremacy of Law, co­-operation
in virtue and non‑co‑operation in vice, sense of accountability to
God Almighty, sense of duties more than that of rights, unity of purpose be­tween
the individuals, society, and the State, guarantee of the basic necessities of
life to everyone in need, are the fundamental values of this State.

(ix)
The relations between State and individual are so balanced in this system that
neither the State has been vested with absolute authority reducing individuals
to virtual slavery, nor has individual freedom been allowed to turn itself into
licence threatening the interest of society. On the one hand, by guaranteeing
fundamental rights to its citizens and by making the State authority subject to
the Supreme Law of God and the democratic process of shura, it provides ample opportunities for the development of
individual personality and protection from undue interference by others. And,
on the other hand, it binds the individual to a definite code of morality,
makes it obligatory for him faithfully to obey the orders of the State working
in accordance with the Law of God, to co‑operate wholeheartedly with it
in the cause of virtue, to avoid disturbing its tranquillity, and to sacrifice
even his life and property in its defence.

[3]Ibid., xvi, 116. "This verse
strictly prohibits that people should decide accord­ing to their own views or
wishes what is lawful and what is unlawful" (Baidawi, Anwar al‑Tanzil,
vol. III, p. 193). "The purport of this verse is, as `Askari
explains, that you should not call a thing lawful or unlawful unless you have
learnt of its being so from God or His Prophet, otherwise you would be telling
a lie on God; for nothing makes a thing lawful or unlawful save a commandment
of God" (Alusi, Ruh al‑Ma'ani,
vol. XIV, p. 226, Idarat al‑Taba`at
al‑Muniriyyah, Egypt, 1345/1926)

[8]
The words of the text are: fi arba'ati ayyamin sawa’ al‑lissa'ilin.
Zamakhshari, Baidawi, Razi, Alusi and other commentators have taken sawa'
to go with ayyamin and interpreted it
to mean "in full four days." No commentator of distinction has taken sawa’' to go with sa'ilin. However,
even if it is allowed to go with it; it would mean “provided for the sake of
all who seek," and not “for all who seek in equal measure." This
latter interpretation is just untenable.

[11]
This will be absolutely clear on reading Surah xvi, verses 71‑76, and
Surah xxx, verses 20‑25. The subject of discussion in both cases is the
assertion of the unity of God and refutation of polytheism.

The
condition of "by mutual agreement" explains that there should be no
coer­cion, fraud, or trick about it to which the other party would not agree if
it came to its notice.

[14]
Qur'an, ii, 188. Seeking to gain the nearness of the judges includes resorting
to law‑courts to lay a false claim to other people's property, or
offering bribes to the judges to obtain a favourable decree. (Alusi, op. cit.
vol. II, p. 60.)

[23]Ibid., xxiv, 2. Along with making adultery a criminal offence, the earnings
of adultery are also declared forbidden. The Prophet of God (may peace
be upon him) called it the most abominable of earnings. (Bukhari, Book 34, Ch.
113; Book 37, Ch. 20; Book 68, Ch. 50; Book 76, Ch. 46; Book 77, Ch. 96;
Muslim, Book 22, Tr. No. 39, 41; abu Dawud, Book 22, Ch. 39, 63; Tirmidhi, Book
9, Ch. 37; Book 12, Ch. 46; Book 26, Ch. 23; Nasa'i, Book 42, Ch. 5; Book 44,
Ch. 90; ibn Majah, Book 12, Ch. 9.)

[24]
Qur'an, v, 93. The manufacture of and trading in all things prohibited in the
Qur'an are also prohibited. Full prohibition calls for complete ban on
profiting by anything connected with what is prohibited. (A1‑Jassas, op.
cit., vol. II, p. 212.)

[25] Qur'an, ii, 275. This makes it clear that in the case of trade the profit
which a person makes over his invested capital, or in the event of a
partnership in trade the profit which the partners of an enterprise divide
according to their shares in it, is lawful and allowed, but whatever a creditor
charges from his debtor over his principal is unlawful and God does not allow
it as truly earned income like the profit earned in trade.

[26]Ibid., ii,
278‑80. It is evident from the words used here that this injunction is
related to transactions of debt and in such transactions if a
creditor charges anything more than what he has advanced it would be riba
(excess, usury, interest). The rate of interest to be charged, high or low, makes no difference in it. It is also immaterial
for what purpose the sum is borrowed.

[34]Ibid., iv, 36. as In the days of the Holy Prophet these were the four
hundred volunteers who had come from the four corners of Arabia and settled at
Madinah. They had dedicated their lives to the pursuit of the knowledge of
Islam and were prepared to go with any expedition of propagation or war when
and wherever the Holy Prophet sent them. Having devoted their whole time to
these services they could do little to earn their livelihood. (Zamakhshari, al‑Kashshaf, vol. 1, p. 126, al­ Matba'at al‑Bahiyyah, Egypt, 1343/1924.)Similarly, this verse will now apply to those persons who devote
their whole time to study, or propagation of faith or other works of social
welfare and do not find opportunity to attend to their own business.

[41]
It was an old Arab custom to divorce a woman by uttering the formula "Thou
art to me as the back of my mother." This formula was called "the zihar."
Divorce by zihar freed the husband
from any responsibility for conjugal duties but did not leave the wife free to
leave the husband's home or to contract a second marriage. This pagan system of
divorce unfair to women was abolished (lviii. 2).

[52]
Later it was decided by ijma` (consensus
of opinion) that zakaton
merchandise goods would also be charged at the rate of 2 1/2 % per annum. (Al‑ Shaukani, op. cit., vol. IV, p. 117.) This
principle of zakaton commerce
will likewise apply to factories which manufacture different kinds of goods for
sale.

[54]Ibid., viii, 41. During his
life, the Prophet took a part of this fifth of spoils for his own and his kins'
needs as neither he nor they had any right in zakat. After his death it was a disputed point as to who should take the
Prophet's and kinsmen's share. Some people opined that the Prophet was entitled
to it for being the Head of the State and thus after his death it should go to
the Caliph and his kinsfolk. Others thought that it should still belong to the
kinsfolk of the Prophet. At last it was agreed that it should be set aside for
the military requirements of the Islamic State. (Al‑Jassas, op. cit., vol. III, pp. 75, 77.)

[56]
Arabic masakin, singular miskin. The Caliph `Umar says that miskin is he who cannot earn his living
or does not find opportunity to do so. (Al‑Jassas, op. cit., Vol. III, p. 151.) According to this defnition, all those
helpless children who are not yet able to earn, and the cripple, and the old
who are no longer able to make a living, and the unemployed, and the invalids
who are temporarily rendered unfit to earn livelihood, are masakin.

[57]
Three kinds of men were given money for "reconciling of hearts,"
during the Prophet's life: 1. Staunch opponents of Islam who persecuted weak
Muslims or set themselves hard against the faith were given something. and
persuaded to adopt a lenient attitude. 2. Those who forcibly prevented the
people of their tribes or clans from embracing Islam were persuaded to give up
this obstruction. 3. The new entrants in faith were given monetary help to get
over their financial difficulties, so that they should live in their new
environments amoung Muslims with equani­mity. (Al‑Jassas, op. cit., vol. III; p. 152.)

[58]
Refers to the Muslims who were captured
in war by the enemies as well as the non‑Muslims who came as war captives
to the Muslims and wanted to be set free on payment of ransom; reference is
also to the slaves who lived in
bondage from old.

[59]
The cause of God includes jihad (war)
and ,hajj (pilgrimage). One who
proceeds on war can avail oneself of zakateven if one is well‑to‑do so far as personal effects
go, because one's personal effects are often inadequate to enable one to
prepare for war and provide for the expenses of the way. Similarly, one who
runs short of money on pilgrimage deserves to be helped with zakat. (al‑Jassas, op. cit., vol. III,

pp. 156‑57; al‑ Shaukani op. cit., vol.. IV, pp. 144‑46.)

[60]
A traveller, even though he is rich at home, deserves to be helped with zakatif he runs short of money on the way
(Al‑Jassas, op. cit., vol. III, p. 157).

[62]
Verses 7‑12 and 176. According to the Holy Prophet's elucidation, in the
absence of the nearest relations the inheritance will go to the nearer, and in
their absence, as a last resort, to those who
have at least some relation with the deceased in comparison with mere
strangers. But if the deceased leave no relation of any kind, the property will
be added to the general exchequer of the Islamic State. (Al‑Shaukani, op. cit., vol. VI, pp. 47, 56.)

[66]
Al Shaukani, op. cit., vol. VI, pp. 32, 33. Seen in the light of the Holy
Prophet's elucidation, the Qur'an does no seem to favour the idea that one
should leave one's kinsfolk deprived and spend on works of social welfare. The
words of the Prophet quoted in Nail al‑Autar from Bukhari, Muslim,
and other books of Tradi­tion are: "Your leaving your heirs rich is better
than your leaving them poor, spreading their hands before people (for help).”

[67]
Elucidating the law in this matter, the Prophet of God (may peace be upon him)
has imposed three restrictions on the right of demise. First, that a person can
exercise this right to the extent of one‑third of his property only.
Secondly, that no will should be made in favour of any of the legal heirs
without taking the consent of other heirs. Thirdly, a will cannot be made to
deprive an heir of his entitlement or to give him less than his due share. (Al‑Shaukani,
op. cit., vol. VI, pp. 31, 35.)

[70]
By this is meant the expenditure on the administration and defence of the
Islamic State. The Holy Prophet (on whom be peace) and his successors, the
Caliphs drew their own subsistence and paid their officials (except those of
the zakat department) from this source.